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(영문) 대구지방법원 2016.07.21 2015노3857
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (2 million won penalty) is too unreasonable.

2. The fact that the Defendant recognized the instant crime and recognized his mistake, and that the principle of equity should be taken into account in the case of a judgment at the same time with the first final judgment of the original head of the lower judgment against the Defendant is favorable to the Defendant.

On the other hand, the defendant did not reach an agreement with the victim, the damage caused by the crime of this case has not been recovered, and the defendant has been punished for the same crime, etc. that are disadvantageous to the defendant.

Considering the above circumstances and other circumstances, such as the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is deemed appropriate as a punishment within the scope of the discretion for sentencing.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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